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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother died without leaving a will,we assume her house her

Resolved Question:

My mother died without leaving a will,we assume her house her only asset,will go to her 3 sons.One is living in the property he is alcoholic and refuses to pay the others any rent or move out so it can be sold. He is abusive and refuses to talk to us in a reasonable manner. What can we do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did your mother pass away?
How much is the property worth and what income does your brother have?
Clare
Customer: replied 2 years ago.

Mother died 30th May


property £ 140,000


brother self employed but only works occasionally due to drink gets £8 an hour when he does has cashed in his pension which gives him £100 per month income and a lump sum of about £ 8000

Expert:  Clare replied 2 years ago.
Hi
I am sorry for your recent loss
Did your brother pay rent to your mother when he lived with her
Clare
Customer: replied 2 years ago.

no he did not pay any rent. but he claims he paid half of the bills when working, although he hasn't worked full time for a number of months due to being hospitalized because of excessive drinking and skin cancer

Expert:  Clare replied 2 years ago.
Hi
Have you applied for Letters of administration?
Clare
Customer: replied 2 years ago.
yes
Expert:  Clare replied 2 years ago.
Hi
Then the Administrators can give your brother Formal written notice to vacate the property.
I would suggest at least three months written notice
If he does not move out then they will have to take action to evict him.
The risk is that he will try and claim that e was dependent on your mother and accordingly should have a larger share of the estate
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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